The Domestic Abuse Bill: Law Timeline And What's Next

The Domestic Abuse Bill was signed into law on 29 April 2021 after gaining Royal Assent. The bill, which was first introduced in 2019, provides protection to millions of people who experience domestic abuse and strengthens measures to tackle perpetrators. The act includes a wide-ranging legal definition of domestic abuse, recognising emotional, coercive or controlling behaviour, and economic abuse as forms of domestic abuse. The bill also bans the rough sex defence, where the accused claims the violence was consensual, and makes non-fatal strangulation and threats to share intimate images illegal.

The bill provides a wide-ranging legal definition of domestic abuse

The Domestic Abuse Bill, which became law in April 2021, provides a wide-ranging legal definition of domestic abuse. For the first time, the definition incorporates a range of abuses beyond physical violence, including emotional, coercive or controlling behaviour, and economic abuse. This means that abusers can be prosecuted even if they have not inflicted physical violence on their victims.

Coercive control is a pattern of assault, threats, humiliation, intimidation, or other abuse that harms, punishes, or frightens the victim. It often involves isolating the victim from their support systems, exploiting them, depriving them of independence, and regulating their everyday behaviour. This type of controlling behaviour is designed to make the victim dependent on the abuser.

The bill also recognises that abuse can continue even after the perpetrator and victim no longer live together. This extension is crucial because it acknowledges that perpetrators can still exert control and abuse their victims even when they are no longer in a relationship or living together.

The wide-ranging definition of domestic abuse in the bill sends a clear message that abuse is not just physical but can take many forms. This recognition is a significant step forward in the fight against domestic abuse and will hopefully lead to better protection and support for survivors.

The bill also includes other important measures to tackle domestic abuse, such as the ban on perpetrators cross-examining their victims in court and the criminalisation of non-fatal strangulation and threats to disclose intimate images. These measures are designed to strengthen the law and provide further protection and support to victims of domestic abuse.

The bill bans the accused from claiming the violence was consensual

The Domestic Abuse Act 2021, which received royal assent on April 29, 2021, includes a provision that bans the accused from cross-examining their victims in person in the civil and family courts in England and Wales. This amendment was campaigned for by Resolution, The Law Society, and Women’s Aid, as cross-examination has a "traumatic impact on victims" and "diminishes their ability to give evidence, preventing them from effectively advocating for their child’s best interests and safety".

The bill also includes a provision that extends the controlling or coercive behaviour offence to cover post-separation abuse. Controlling or coercive behaviour is an act or a pattern of acts of assault, threats, humiliation, intimidation, or other abuse that is used to harm, punish, or frighten a victim. This controlling behaviour is designed to make a person dependent on the abuser by isolating them from support, exploiting them, depriving them of independence, and regulating their everyday behaviour.

The bill also establishes a statutory definition of domestic abuse, emphasising that domestic abuse is not just physical violence but can also be emotional, controlling, coercive, and economic abuse.

The bill prohibits abusers from cross-examining their victims in court

The Domestic Abuse Act 2021 has been described as a "once-in-a-generation opportunity" to improve the UK's response to domestic abuse. The Act, which gained royal assent on 29 April 2021, includes a provision that prohibits abusers from cross-examining their victims in court. This amendment was campaigned for by Resolution, The Law Society, and Women's Aid, as cross-examination has a "traumatic impact on victims". It was also noted that cross-examination "diminishes their [victims'] ability to give evidence, preventing them from effectively advocating for their child's best interests and safety".

Previously, there was no law or rule preventing an abuser from cross-examining their victim in family courts. This practice was already banned in criminal courts, but it continued in family courtrooms. Campaigners and victims raised concerns about this practice, leading the government to draft a clause within the Prison and Court Bill to stop it. The President of the Family Division also expressed grave concerns and urged the government to draft a law to end this practice.

The new provision in the Domestic Abuse Act 2021 places a legal bar on parties cross-examining each other in civil and family courts in England and Wales where there is evidence of abuse. This change came into force on 21 July 2022. Instead of the accused, a court-appointed legal professional will conduct the cross-examination to ensure that justice is done fairly for both sides. Hundreds of lawyers have signed up to fulfil this role.

The ban will only be applied in cases where there is specified evidence of domestic abuse between those involved or where there is a conviction or protective injunction in place between the parties. This change is part of the government's efforts to reduce the trauma of appearing in court and ensure that victims are better supported.

The bill gives victims better access to special measures in the courtroom

The Domestic Abuse Act 2021 was signed into law in the UK on April 29, 2021, after gaining royal assent. The Act is a landmark legislation that aims to transform the country's response to domestic abuse, helping to prevent offending, protect victims, and ensure they have the necessary support.

One of the key provisions of the Act is to give victims better access to special measures in the courtroom. This includes creating a statutory presumption that victims of domestic abuse are eligible for special measures in criminal, civil, and family courts. Special measures can include provisions such as giving evidence from behind a screen or via a video link, having the court room layout altered to make the victim more comfortable, or having a supporter present in court.

The Act also prohibits perpetrators of abuse from cross-examining their victims in person in civil and family courts in England and Wales. This amendment was campaigned for by several organisations, including Resolution, The Law Society, and Women's Aid, as cross-examination can have a traumatic impact on victims and diminish their ability to give evidence effectively.

Additionally, the Act addresses the use of video links and virtual hearings, which allow victims to take part in cases without having to meet their alleged attacker face-to-face. This not only reduces the trauma experienced by victims but also saves courtroom time and provides swifter justice.

The Domestic Abuse Act 2021 is a significant step forward in recognising and addressing the needs of victims of domestic abuse within the courtroom setting. By providing better access to special measures, the Act aims to empower victims, reduce their trauma, and enable them to participate more effectively in legal proceedings.

The bill gives police new powers to provide victims with immediate protection

The Domestic Abuse Bill, which became law in April 2021, grants police new powers to provide victims with immediate protection. The bill, which has been described as a "once-in-a-generation opportunity" to improve the country's response to domestic abuse, gives police and courts the authority to impose Domestic Abuse Protection Notices and Domestic Abuse Protection Orders. These measures enable the police to ban suspected abusers from re-entering the victim's home and from approaching or contacting the victim for a specified period. This allows the victim time to consider their long-term safety and housing options.

The new powers also allow social landlords to end or transfer the tenancy of a perpetrator of domestic abuse to the victim. This provision reduces the risk of victims becoming homeless as they attempt to escape their abuser. The bill further establishes the office of the Domestic Abuse Commissioner, who will be responsible for overseeing the implementation and effectiveness of these new measures.

In addition to these provisions, the bill also prohibits perpetrators of abuse from cross-examining their victims in person in civil and family courts in England and Wales. This amendment was strongly advocated for by several organisations, including Resolution, The Law Society, and Women's Aid, as cross-examination can have a traumatic impact on victims, diminishing their ability to give evidence effectively.

The Domestic Abuse Bill is a significant step forward in the fight against domestic abuse, providing much-needed protection and support to victims and holding perpetrators accountable for their actions. With these new powers, the police will be better equipped to respond to domestic abuse incidents and ensure the safety of those at risk.

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